Employee Dismissal for Poor Performance

Terminating an employee for poor performance must be based on the proper documentation to limit the employer's exposure and liability for wrongful termination.

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The involuntary termination of an employee is never a pleasant task; however, there are times when the human resources manager must take appropriate action to address issues involving poor performance. An employee facing termination should be aware of the consequences for poor job performance.

Establishing Job Expectations

Upon an employee&#039;s hire date, she is provided the job description and job specifications. These documents are two tools necessary to understand the job duties and responsibilities. The employment specialist and hiring manager should review the job description with every candidate and with every new employee. This may be a private discussion to facilitate a candid exchange about the employee&#039;s skills and capabilities compared with the job expectations and performance standards.

Progressive Discipline Policy

Progressive discipline policies are popular among employers because it is relatively simple to implement. The progressive discipline policy should be in writing and fully explained in the employee handbook. Discuss the disciplinary procedure during new hire orientation and encourage newly hired employees to ask questions about the policy. In addition, prepare an acknowledgment form for the employee&#039;s signature indicating she has received and understands the policy. A copy of the signed acknowledgment should be placed in the employee&#039;s personnel file.A progressive discipline policy generally provides for a verbal warning for the first infraction and a written warning for a subsequent infraction. The employee receives counseling from her supervisor or manager and agrees to improve her performance.The next step in a progressive discipline policy is written counseling or coaching form, which is usually more detailed and formal than the preceding warnings. Employer policies vary according to the number of written coaching forms an employee receives before termination; however, the average may be two to three written coachings.Documentation is extremely important--each disciplinary action must be documented in writing.

Probationary Employment

Many employers have what is called a "probationary" period of employment. While many employers are advised to discontinue the use of terms such as probationary, according to Texas Workforce, "There is no Texas or federal law that either prescribes or prohibits employers from treating employees as probationary, initial, trial, introductory, or provisional employees."One of the reasons companies are cautioned about terms like these is because employees erroneously believe that once they have completed the introductory period, that they cannot be fired. This is not true. Texas is an "at will" employment state, which means the employment relationship can be terminated at any time, for any reason by the employer or the employee. By the 30-day mark, the new employee has likely been exposed to many of the duties and responsibilities to which she has been assigned. The manager should encourage the employee to ask for clarification of any tasks with which she is not familiar.The progressive discipline policy is in effect from the first day of employment; the probationary or introductory period does not suspend or delay company policies.

Performance Improvement

When an employee receives written coaching or counseling forms, he typically agrees to do what is necessary to improve his job performance. The discipline administered may include more frequent periodic coaching or observing the employee with a higher degree of scrutiny. Some managers require that job performance must improve within a certain number of days, such as 30 to 60 days. The consequence for lack of improvement is termination after receiving extensive counseling and showing no improvement. It is important for the employee to understand the employment relationship could possibly end unless he demonstrates remarkable improvement within the allotted time. Again, every time the employee receives any type of coaching, counseling or disciplinary action, it must be in writing. Often, employees may refuse to sign disciplinary forms, thinking that refusing to sign indicates they don&#039;t agree with the employment action. In these cases, the manager should write "employee refused to sign" in the space where the employee would have signed her name.

Involuntary Termination

Once the progressive discipline policy options have been exhausted and the employee has failed to demonstrate improvement in her job performance, the company has the right to terminate her employment. This should not come as a surprise to the employee since she indicated her understanding of the job expectations and signed the acknowledgment form indicating her understanding of the policy. When terminating an employee for poor performance, always provide a clear explanation for the dismissal and have the documentation ready for review.

About the Author

Ruth Mayhew began writing in 1985. Her work appears in "The Multi-Generational Workforce in the Health Care Industry" and "Human Resources Managers Appraisal Schemes." Mayhew earned senior professional human resources certification from the Human Resources Certification Institute and holds a Master of Arts in sociology from the University of Missouri-Kansas City.

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